Possessory succession in Latin America: A systematic review of its doctrinal treatment

Matos B.N.S.; Figueroa J.J.R.; Letona P.A.M.; Chaupin S.A.C. · Relacoes Internacionais no Mundo Atual (2025) · DOI: 10.21902/revrima.v4i50.8101

Resumen

The purpose of this study was to analyze the doctrinal approaches to possessory succession in Latin American law, aiming to identify the main interpretative currents, their conceptual divergences, and the legal implications in succession processes. This review is framed within Sustainable Development Goal (SDG) 16, which promotes peace, justice, and strong institutions, ensuring legal security in the transfer of property rights. The research followed the PRISMA protocol, considering publications indexed in Web of Science, Scopus, and Science Direct, prioritizing studies published between 2020 and 2023. The selection criteria included thematic relevance, methodological rigor, and doctrinal significance. Fifteen articles were analyzed, revealing that Roman law conceived possession as a continuation of the decedent’s authority, while Germanic law interpreted it as a new act of appropriation by the heir. In the Latin American context, contemporary doctrine emphasizes the necessity of a formal title to legitimize possessory transmission, ensuring legal stability and property protection. Finally, it is concluded that strengthening the doctrinal framework of possessory succession is essential to consolidate fairer and more coherent legal systems across the region.

Instituciones: Universidad Ricardo Palma; Universidad César Vallejo